Minnesota Legislature
HF 268
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to public safety; imposing license reinstatement fee and surcharge for
certain driving offenses; appropriating money; amending Minnesota Statutes
2006, sections 171.20, subdivision 4; 171.26, subdivision 1; 171.29, subdivisions
1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 171.20, subdivision 4, is amended to read:
Subd. 4.
Reinstatement fee.
(a) Before the license is reinstated, (1) an individual
whose driver's license has been suspended under section 171.16, subdivisions 2 and 3;
171.18; or 171.182, or who has been disqualified from holding a commercial driver's
license under section 171.165, and (2) an individual whose driver's license has been
suspended under section 171.186 and who is not exempt from such a fee, must pay a
fee of $20new text begin plus a $100 surchargenew text end .
(b) Before the license is reinstated, an individual whose license has been suspended
under sections 169.791 to 169.798 must pay a $20 reinstatement feenew text begin plus a $100 surchargenew text end .
(c)new text begin Before the license is reinstated, an individual whose license was suspended under
section 171.24 must pay a $20 reinstatement fee plus a $200 surcharge.
new text end
new text begin
(d) All surcharges collected under this subdivision must be deposited in the
trunk highway fund for funding the State Patrol. The revenue deposited in the trunk
highway fund under this provision must annually be appropriated to the commissioner
of public safety and the appropriated amount must be appropriated 80 percent for filling
vacancies, hiring and retaining additional state troopers, and paying overtime, and 20
percent for purchasing and implementing information technology that increases the
efficiency of troopers. For purposes of this section, "information technology" includes,
but is not limited to, digital squad car cameras, cell phones, computers, and other
telecommunications, electronics, and computer-related equipment.
new text end
new text begin (e) new text end When fees are collected by a licensing agent appointed under section 171.061, a
handling charge is imposed in the amount specified under section 171.061, subdivision 4.
The reinstatement fee and surcharge must be deposited in an approved state depository as
directed under section 171.061, subdivision 4.
deleted text begin (d)deleted text end new text begin (f)new text end Reinstatement fees collected under paragraph (a) for suspensions under
sections 171.16, subdivision 3, and 171.18, subdivision 1, clause (10), must be deposited
in the special revenue fund and are appropriated to the Peace Officer Standards and
Training Board for peace officer training reimbursement to local units of government.
deleted text begin (e)deleted text end new text begin (g)new text end A suspension may be rescinded without fee for good cause.
Sec. 2.
Minnesota Statutes 2006, section 171.26, subdivision 1, is amended to read:
Subdivision 1.
Driver services operating account.
All money received under this
chapter must be paid into the state treasury and credited to the driver services operating
account in the special revenue fund specified under sections 299A.705, except as provided
in subdivision 2; 171.06, subdivision 2a; 171.07, subdivision 11, paragraph (g); 171.20,
subdivision 4, deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (d)new text begin and (e)new text end ; and 171.29, subdivision 2, deleted text begin paragraphdeleted text end new text begin
paragraphsnew text end (b)new text begin and (c)new text end .
Sec. 3.
Minnesota Statutes 2006, section 171.29, subdivision 1, is amended to read:
Subdivision 1.
Examination required.
No person whose driver's license has been
revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated, under
section 169.791, 169.797, deleted text begin or deleted text end 171.17,new text begin or 171.174,new text end or revoked under section 169.792
or 169A.52 shall be issued another license unless and until that person shall have
successfully passed an examination as required by the commissioner of public safety.
This subdivision does not apply to an applicant for early reinstatement under section
169.792, subdivision 7a.
Sec. 4.
Minnesota Statutes 2006, section 171.29, subdivision 2, is amended to read:
Subd. 2.
Reinstatement fees and surcharges allocated and appropriated.
(a)
An individual whose driver's license has been revoked as provided in subdivision 1,
except under section 169A.52, 169A.54, or 609.21, must pay a $30 fee before the driver's
license is reinstated.
(b) A person whose driver's license has been revoked as provided in subdivision 1
under section 169A.52, 169A.54, or 609.21, must pay a $250 fee plus a $40 surcharge
before the driver's license is reinstated. Beginning July 1, 2002, the surcharge is $145.
Beginning July 1, 2003, the surcharge is $430. The $250 fee is to be credited as follows:
(1) Twenty percent must be credited to the driver services operating account in the
special revenue fund as specified in section 299A.705.
(2) Sixty-seven percent must be credited to the general fund.
(3) Eight percent must be credited to a separate account to be known as the Bureau
of Criminal Apprehension account. Money in this account may be appropriated to the
commissioner of public safety and the appropriated amount must be apportioned 80 percent
for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.
(4) Five percent must be credited to a separate account to be known as the vehicle
forfeiture account, which is created in the special revenue fund. The money in the account
is annually appropriated to the commissioner for costs of handling vehicle forfeitures.
(c) new text begin A person whose driver's license has been revoked as provided in subdivision 1
under section 171.17, subdivision 1, paragraph (a), clause (3), or section 171.174, must pay
a $400 fee before the driver's license is reinstated. The fee must be deposited in the trunk
highway fund for funding the State Patrol. The revenue deposited in the trunk highway
fund under this provision is annually appropriated to the commissioner of public safety
and the appropriated amount must be appropriated 80 percent for filling vacancies, hiring
and retaining additional state troopers, and paying overtime, and 20 percent for purchasing
and implementing information technology that increases the efficiency of troopers. For
purposes of this section, "information technology" includes, but is not limited to, digital
squad car cameras, cell phones, computers, and other telecommunications, electronics,
and computer-related equipment.
new text end
new text begin (d) new text end The revenue from $50 of each surcharge must be credited to a separate account
to be known as the traumatic brain injury and spinal cord injury account. The money in
the account is annually appropriated to the commissioner of health to be used as follows:
83 percent for contracts with a qualified community-based organization to provide
information, resources, and support to assist persons with traumatic brain injury and their
families to access services, and 17 percent to maintain the traumatic brain injury and
spinal cord injury registry created in section 144.662. For the purposes of this paragraph,
a "qualified community-based organization" is a private, not-for-profit organization of
consumers of traumatic brain injury services and their family members. The organization
must be registered with the United States Internal Revenue Service under section 501(c)(3)
as a tax-exempt organization and must have as its purposes:
(1) the promotion of public, family, survivor, and professional awareness of the
incidence and consequences of traumatic brain injury;
(2) the provision of a network of support for persons with traumatic brain injury,
their families, and friends;
(3) the development and support of programs and services to prevent traumatic
brain injury;
(4) the establishment of education programs for persons with traumatic brain injury;
and
(5) the empowerment of persons with traumatic brain injury through participation
in its governance.
A patient's name, identifying information, or identifiable medical data must not be
disclosed to the organization without the informed voluntary written consent of the patient
or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.
deleted text begin (d)deleted text end new text begin (e) new text end The remainder of the surcharge must be credited to a separate account to be
known as the remote electronic alcohol-monitoring program account. The commissioner
shall transfer the balance of this account to the commissioner of finance on a monthly
basis for deposit in the general fund.
deleted text begin (e)deleted text end new text begin (f) new text end When these fees are collected by a licensing agent, appointed under section
171.061, a handling charge is imposed in the amount specified under section 171.061,
subdivision 4. The reinstatement fees and surcharge must be deposited in an approved
depository as directed under section 171.061, subdivision 4.